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When must all jobs be created for the I-829 petition?

I have heard that USCIS has an internal policy that states that job creation must occur within 2.5 years from filing the I-526. This seems to contradict EB-5 statutes that outline the EB-5 program and also what occurs in practice. Does such a policy exist and is it implemented in actual practice?

Answers

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    Julia Roussinova

    Immigration Attorney
    Answered on

    Within 2.5 years from approval of the I-526.

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    Echo Meisheng King

    Immigration Attorney
    Answered on

    The current USCIS memorandum states that the job creation should commence six months after the I-526 has been adjudicated. Although there was discussion last year in the draft USCIS memorandum concerning making the timing of job creation more flexible, it is still being discussed and has not been finalized.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    30 months from approval of the I-526.

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    John J Downey

    Immigration Attorney
    Answered on

    This procedure seems to be in a constant state of flux. It has been further confused due to the Dept. of State and its backlog of visas for the mainland Chinese. All I can add at this point is that it is probably adjudicated on a case by case basis. If this sounds confusing, it is.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    USCIS proposed to change its policy last year because they want to force the job creation earlier than the statute indicates. There have been too many regional centers and businesses that have not been able to create enough jobs after promising.

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